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Gutorova, N. .
    Falsification of medical products: criminal law mechanism combating threats to public health [Текст] / N. Gutorova, O. Zhytnyi, O. Soloviov // Wiadomosci lekarskie. - 2019. - Vol. 72, Issue:5 cz 1. - P. . 856-861
   Перевод заглавия: Фальсификация медицинской продукции: уголовно-правовой механизм противодействия угрозам общественному здоровью

УДК

343.347

ББК Х628.111.3 + Х628.112.0

Аннотация: OBJECTIVE: Introduction: Every civilized state has the duty to its citizens to create an effective health care system, a necessary component of which is the use of safe and high-quality medical products. This duty is based both on the standards of international law and national constitutional norms and principles. The spread of falsified medical products poses a global threat to public health, can lead to death or cause significant harm to human health. Given the extreme risk of such acts, there is a need to create and operate an effective criminal law mechanism to combat such acts. The aim: The purpose of the article is to study the existing criminal law mechanism to combat the falsification of medical products at the international, regional and national levels (Poland and Ukraine as an example), as well as to develop proposals for improving of such a mechanism. PATIENTS AND METHODS: Materials and methods: This study is based on the empirical and analytical data of the WHO, the United Nations Convention against Transnational Organized Crime, the Council of Europe Convention on the counterfeiting of medical products and similar crimes involving threats to public health (The Medicrime Convention), criminal legislation of Ukraine and Poland, General Prosecutor's Office data on the criminal liability of those who committed falsification of medicines. Totally 28 laws and papers, 25 court judgments were analyzed. Dialectical, comparative, analytic, synthetic and system analyses research methods were used, also for interpretation purposes. RESULTS: Results:Falsification of medical products worldwide is characterized by high prevalence and is one of the highly profitable activities of transnational organized crime. Therefore, an effective counteraction to these crimes is impossible through isolated actions by one separate State and requires the establishment of a multi-level integrated mechanism to combat this phenomenon. The criminal law mechanism, as a necessary component of abovementioned mechanism, should be established at the international, regional and national levels. An analysis of the situation in Poland and Ukraine showed that the falsification of medical products is quite common in these countries, but national criminal legislation and practice of its implementation needs improvement. CONCLUSION: Conclusions: There is a need to create and implement an effective criminal law mechanism (at international, regional and national levels) to combat the spread of falsified medical products. At the international level, in order to increase the effectiveness of this mechanism, we fully support the EU initiative to amend the United Nations Convention against Transnational Organized Crime, which would establish additional liability for the falsification of medicines. Improving the criminal law mechanism to combat the falsification of medical products at the European regional level requires intensifying of The Medicrime Convention ratification process and full implementation of rules on criminal liability for falsifying medical products into national criminal legislation. At the national level, it is necessary to improve both the criminal legislation and the practice of its implementation, to intensify the activity of law enforcement agencies to combat these crimes, to ensure a fair trial and effective criminal penalties for those who have committed a crime of falsifying medical products.

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Shevchuk, V. M..
    Criminal offences related to illicit trafficking in falsified medicines: investigation problems [Електронний ресурс] / V. M. Shevchuk, O. L. Musiienko, M. O. Sokolenko // Wiadomosci Lekarskie. - 2023. - Vol. 76, Iss. 5. pt. 1. - P. 992-1000. - References : p. 998-1000
   Перевод заглавия: Кримінальні правопорушення, пов’язані з незаконним обігом фальсифікованих лікарських засобів: проблеми розслідування

УДК

343.347

РУБ DOI: 10.36740/WLek202305116 + PMID: 37326081

Аннотация: OBJECTIVE: The aim: Formulate recommendations for improving the efficiency of detection and investigation of trafficking in falsified medicines, application of criminalistics knowledge. To analise the contemporary condition and the latest trends in combating this type of crimes and to justify the need for creation of a complex criminalistic methodic investigation. PATIENTS AND METHODS: Materials and methods: Аnalysis of the applicable laws governing trade in medical products in Ukraine; judgments of courts of Ukraine for the period from 2013 to 2022; results of generalization of 128 criminal proceedings; active employee survey results (205 respondents) etc. Over the course of the present research, we have used general scientific and specialised research methods. RESULTS: Results and Conclusions: Increasing the effectiveness of combating the illegal circulation of falsified falsified medicines is a complex problem that encompasses a whole system of directions, requiring the combined efforts of international bodies and organizations, various scientists. One of the priority directions for the introduction of an effective mechanism for combating the distribution of falsified medicines is the development of a complex criminalistic methodic investigation.

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Grynko, L. .
    Sale of falsified medicines via the internet in Ukraine: problems of detection and counteraction [Електронний ресурс] / L. Grynko, H. Chornyi, M. Kostenko // Wiadomosci Lekarskie. - 2023. - Vol. 76, Iss. 5. pt. 1. - P. 1106-1112. - References : p. 1110-1111
   Перевод заглавия: Продаж фальсифікованих ліків через інтернет в Україні: проблеми виявлення та протидії

УДК

343.347

РУБ DOI: 10.36740/WLek202305132 + PMID: 37326096

Аннотация: OBJECTIVE: The aim: The purpose of the article is to identify and analyze problematic theoretical and practical aspects related to the sale of counterfeit medicines via the Internet and measures to counteract the spread of their counterfeit products, as well as to search for evidence-based ways to improve the regulatory and legal mechanism that regulates the activities of the pharmaceutical business in Ukraine. PATIENTS AND METHODS: Materials and methods: The research based by the analysis of international acts, conventions and national legislation of Ukraine in the sphere of trade medicines via the Internet, scientific achievements in this area. Methodologically, this work is based on the system of methods, scientific approaches, techniques and principles with the help of which the realization of the research aim is carried out. There have been applied universal, general scientific and special legal methods. CONCLUSION: Conclusions: Analyzed the legal regulation of online sales of medicines. Made the conclusion about necessity implementation of projects to create forensic records which have shown their effectiveness in the fight against counterfeit medicines in European countries.

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